Ex parte DAWLEY et al. - Page 14




          Appeal No. 1999-0231                                                        
          Application No. 08/472,354                                                  


          disparate teachings of Fellow’s Figure 1 and Figure 4                       
          embodiments or for modifying either the Figure 1 or the Figure              
          4 embodiment of Fellows in view of Arkell stems from hindsight              
          knowledge derived from the appellants’ own disclosure.  The                 
          use of such hindsight knowledge to support an obviousness                   
          rejection under 35 U.S.C.  103 is, of course, impermissible.               
          See, for example, W. L. Gore and Associates, Inc. v. Garlock,               
          Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir.                  
          1983).                                                                      
               We have reviewed the Tittgemeyer, Vrotacoe and Fischer                 
          references applied along with Fellows and Arkell by the                     
          examiner against claim 1 on appeal and the Smith reference                  
          applied along with Fellows, Arkell, Tittgemeyer, Vrotacoe and               
          Fischer against claim 6.  However, we find nothing in these                 
          additional references which makes up for the deficiencies of                
          Fellows and Arkell discussed above.                                         
               In light of the foregoing, we will not sustain the                     
          standing  103 rejections of independent claim 1 and dependent              
          claims 2, 3 and 5 through 7.                                                


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